Home | Databases | WorldLII | Search | Feedback Niue Consolidated Legislation

Pensions and Benefits Act 1991

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

PENSIONS AND BENEFITS ACT 1991

1991/157 – 1 October 1991

1 Short title
2 Interpretation

PART 1
PENSIONS

3 Entitlement to a pension
4 Rate of pension

PART 2
WELFARE BENEFITS

5 Welfare Committee
6 Meetings of Committee
7 Delegation of powers of Committee
8 Application for welfare benefit
9 Investigation of applications
10 Criteria for receipt of welfare benefit
11 Maintenance
12 Provision for welfare benefit
13 Rate of welfare benefit

PART 3
GENERAL PROVISIONS

14 Moneys payable out of the Government Account
15 Payment of pension or welfare benefit in special circumstances
16 Recovery of payments in excess
17 Offences
18 Taxation
19 Regulations
20-21 [Spent]

SCHEDULE

___________________________

To consolidate and amend the law relating to the provision of pensions and benefits in Niue

1 Short title

This is the Pensions and Benefits Act 1991.

2 Interpretation

In this Act –

"Committee" means the Welfare Committee established by section 5;

"destitute person" and "infirm person" means any person who is unable to support himself by his own means or labour, and includes persons with dependents where such dependants are unable through infirmity or age to support themselves by their own means or labour;

"Director" means the Director of Community Affairs;

"permanent resident" means any person who has been granted permanent resident status under section 6 of the Entry, Residence and Departure Act 1985.

PART 1
PENSIONS

3 Entitlement to a pension

(1) Every person who is –

(a) Of the age of 60 years or more; and

(b) Every Niuean and permanent resident in Niue and has been so resident for not less than 6 months immediately preceding the date on which the application is made; shall, on application to the Director, be entitled subject to this Act, to receive a pension.

(1A) Notwithstanding subsection (1), every person who is –

(a) Of the age of 55 years; and

(b) Either a Niuean or permanent resident in Niue and has been so resident for not less than 10 years immediately preceding the date on which application is made, shall on application to the Director, be entitled subject to this Act to receive half of the fortnightly pension entitlement until reaching the age of 60 years.

(2) For the purposes of this section, residence in Niue shall be deemed not to have been interrupted in any case where such interruption was due to absence for –

(a) The purpose of the applicant undergoing medical or surgical treatment for a period not exceeding 6 months, and the Director is satisfied that there was good and sufficient reason for leaving Niue to obtain that treatment;

(b) The purpose of undertaking a course of education or training;

(c) Service overseas by the applicant for the Government of Niue.

(3) Notwithstanding subsection (1), every person who is in receipt of a pension shall, upon being absent from Niue for any period in excess of 3 months, cease to be entitled to receive a pension, but shall on returning to take up residence in Niue, be entitled to re-apply for, and receive a pension.

(4) The payment of a pension shall cease immediately on the death of the recipient.

(5) A recipient can only be entitled to one pension, funded either locally or from overseas, but not both.

4 Rate of pension

The rate of pension payable shall be prescribed by Cabinet.

PART 2
WELFARE BENEFITS

5 Welfare Committee

(1) For the purposes of this Part there shall be a committee called the Welfare Committee.

(2) The Committee shall consist of –

(a) The Director;

(b) The Director of Health; and

(c) A person appointed by and at the pleasure of Cabinet.

(3) The Director shall be Chairman of the Committee and shall preside at all meetings at which he is present.

(4) In the absence of the Chairman the Director of Health shall act as Chairman.

(5) At any meeting of the Committee the Chairman or as the case may be the acting chairman shall have a deliberative vote and in the case of an equality of votes shall also have a casting vote.

6 Meetings of Committee

(1) The Committee shall sit at such times and places as it may determine.

(2) At any meeting of the Committee 2 members shall form a quorum.

7 Delegation of powers of Committee

(1) The Committee may either generally or particularly delegate to the Director, such of its powers as the Committee determines.

(2) Subject to this section and to any general or special directions given or conditions attached by the Committee, the Director to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on the Director directly by this section.

(3) Every person purporting to act under any delegation under this section shall be presumed to be acting under the terms of the delegation in the absence of proof of the contrary.

(4) Any delegation under this section may at any time be revoked by the Committee in whole or in part, and no such delegation shall prevent the exercise of any power by the Committee.

8 Application for welfare benefit

Every person who has been ordinarily resident in Niue for not less than 10 years immediately preceding the date of the application, and who is a destitute person or an infirm person, may apply in writing to the Committee for a welfare benefit.

9 Investigation of applications

(1) The Director shall cause every application for a welfare benefit to be investigated and a report on it to be made to the Committee for deliberation and decision.

(2) It shall be the duty of every person to answer all questions put by or on behalf of the Director in connection with an application.

10 Criteria for receipt of welfare benefit

(1) On receipt of an application for a welfare benefit, and the report required to be furnished under section 9(1), the Committee shall as soon as practicable consider the application, taking into account such matters as the Committee thinks fit, including –

(a) The financial circumstances of the applicant;

(b) The health of the applicant;

(c) Such other matters as may be prescribed by Cabinet.

(2) On receipt of an application for a welfare benefit, the Committee shall, in addition to the matters set out in subsection (1), consider the possibility of rehabilitating the applicant, or of assisting the applicant to find employment, or undergoing medical treatment, or counselling.

(3) Any applicant who without reasonable excuse refuses to act on any advice or counselling given to him by the Committee consequent upon any matters considered by the Committee under subsection (2), shall not be entitled to receive a welfare benefit or, if he is already in receipt of such a benefit, such benefit maybe reduced, or terminated forthwith by the Committee.

11 Maintenance

In considering any application for a welfare benefit the Committee shall, in addition to the matters set forth in section 10, have regard to Part 23 of the Niue Act 1966, and may refuse to grant any welfare benefit to an applicant if the Committee is satisfied that proceedings on behalf of the applicant should first be taken to recover maintenance under that Part, and the Director is hereby empowered in the name of the applicant to make application to the Court and to prosecute any application which may be made or instituted by any other person under section 549 of the Niue Act 1966.

12 Provision for welfare benefit

(1) On approval of any application the Committee shall in the first instance, approve the payment of a welfare benefit for a period not exceeding 6 months.

(2) On the expiry of 6 months, or such shorter period for which the payment of a welfare benefit may have been approved in the first instance, application for continuation of the benefit for a further period not exceeding 6 months may be made by the recipient in the same manner as the original application.

(3) After 2 successive successful applications by the recipient of a benefit, the Committee may grant a benefit for longer periods not exceeding one year on such terms as it may decide.

(4) A welfare benefit shall be paid in such amount, not exceeding the maximum rate of benefit payable prescribed under section 13, as the Committee may determine.

(5) Payment of a welfare benefit under any grant shall cease immediately on –

(a) The death of the recipient;

(b) The circumstances which entitled the recipient to a welfare benefit ceasing to exist;

(c) The recipient being absent from Niue for any period in excess of 3 months, provided that such recipient may, on returning to take up residence in Niue, reapply for a welfare benefit.

(6) A welfare benefit shall be paid at such intervals, and upon such terms and conditions as the Committee may decide.

13 Rate of welfare benefit

The maximum rate of welfare benefit payable shall be prescribed by Cabinet.

PART 3
GENERAL PROVISIONS

14 Money payable out of the Government Account

There shall be paid out of the Niue Government Account from money appropriated by the Assembly for the purpose –

(a) All money required to be expended in providing pensions or welfare benefits under Part 1 and Part 2; and

(b) All other money that may be appropriated by the Assembly for the purposes of Part 1 and Part 2, or that may be appropriated for any purpose incidental or related to the purposes of Part 1 and Part 2.

15 Payment of pension or welfare benefit in special circumstances

Notwithstanding any other provision in this Act, Cabinet may approve the payment of a pension or of a welfare benefit to any person who is ordinarily resident in Niue and who would not otherwise qualify under this Act for the payment to him of a pension or welfare benefit where –

(a) In the case of a pension, Cabinet is satisfied that the person to whom the pension is to be paid is of the age of 60 years or more;

(b) In the case of a welfare benefit, Cabinet is satisfied that the person to whom the benefit is to be paid is a destitute or infirm person; and in either case, Cabinet is satisfied on the merits of the case that special circumstances exist to warrant such payment.

16 Recovery of payments in excess

If any pension or welfare benefit, or instalment of it, or any money is paid to any person under this Act in excess of the amount which ought to have been paid to such person, the excess so paid may be –

(a) Recovered by the Director as a debt due to the Crown; or

(b) Recovered by the Director by any necessary adjustment to or deduction from any instalments of the same or any other pension or welfare benefit being paid to that person;

(c) Deducted by the Financial Secretary from any other money of whatsoever kind payable or due from the Government to that person.

17 Offences

Every person commits an offence and shall be liable on conviction to a fine not exceeding 2 penalty units or to imprisonment for a term not exceeding 3 months who –

(a) For the purpose of obtaining any pension or welfare benefit under this Act for himself or for any other person, makes any false statement to, or otherwise misleads or attempts to mislead any officer concerned in the administration of this Act, or any other person whomsoever;

(b) Being a person engaged in the administration of this Act, demands or receives from an applicant for a pension or a welfare benefit or any other person, any fee or other consideration for procuring or attempting to procure any pension or welfare benefit.

18 Taxation

No person shall be liable for income tax in respect of a pension or a welfare benefit paid under this Act.

19 Regulations

(1) Cabinet may make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration of it.

(2) Regulations made under this section may provide for offences against such regulations punishable by a term of imprisonment not exceeding 3 months or a fine not exceeding 2 penalty units or both.

20-21 [Spent]